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NY D84798

December 17, 1998

CLA-2-62:RR:NC:TA:360 D84798


TARIFF NO.: 6211.41.0055; 6204.61.9010

Mr. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's jacket and pants from China

Dear Mr. Bauman:

In your letter dated November 17, 1998, you requested a classification ruling on behalf of The Dress Barn, Inc.

Style 2864 consists of a jacket and a pair of pants constructed from 100 percent woven wool fabric. The fully lined jacket features long sleeves with button trim, a collar, shoulder pads, two pockets with flaps below the waist, a back vent and a full front opening secured by five buttons. The jacket extends from the shoulders to approximately the knees. The pants are fully lined and feature side front pockets, a waistband with a front zipper and button closure and five self fabric belt loops.

The applicable subheading for the jacket will be 6211.41.0055, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of wool or fine animal hair: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 15 percent ad valorem. Effective January 1, 1999, the rate of duty will be 14.5 percent ad valorem.

The applicable subheading for the pants will be 6204.61.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of wool and fine animal hair: other: women's. The duty rate will be 15.6 percent ad valorem. Effective January 1, 1999, the rate of duty will be 15.3 percent ad valorem.

The jacket falls within textile category designation 435 and the pants fall within textile category designation 448. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466-5866.


Robert B. Swierupski

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